Flinchum v. Commonwealth

MOON, Chief Judge.

Rufus Eugene Flinchum, Jr. appeals his conviction of driving after having been declared an habitual offender in violation of Code § 46.2-857. Flinchum asserts that the trial court erred in finding that he was operating his vehicle on a “highway” as defined by Code § 46.2-100. We agree and reverse.

On November 1, 1995, Officer Dalton Reid of the Christian-burg Police Department observed a vehicle “doing doughnuts” in the parking lot of a sporting goods store at 9:00 p.m. He then observed the vehicle drive from the sporting goods parking lot into an adjacent parking lot in…